Puerto Rico lawmakers to support suit challenging LUMA’s legal immunity
Puerto Rico Department of Consumer Affairs (DACO) Secretary Valerie Rodríguez announced Thursday that both chambers of the Legislative Assembly are expected to file an amicus curiae brief in support of a lawsuit challenging a key provision in LUMA Energy’s operating contract.
The lawsuit, filed earlier this week in San Juan Superior Court, seeks to declare unconstitutional Section 4.1(g) of the operating agreement between LUMA Energy and the Puerto Rico Electric Power Authority (PREPA). This section, Rodríguez explained, was cited by LUMA as the reason for not addressing more than 1,800 consumer complaints related to service issues.
“During public hearings in March, LUMA representatives stated on the record that they were not responding to these complaints because the section granted them a form of immunity,” Rodríguez said. “Shortly after those comments were made, the Puerto Rico government filed this lawsuit.”
According to Rodríguez, the lawsuit centers on a resolution issued by the Puerto Rico Energy Bureau on March 31, 2021, which transferred certain responsibilities to LUMA without the endorsement of the Legislative Assembly — a move she argues violates constitutional principles.
“The Legislative Assembly never approved this type of immunity. Under both the Puerto Rico and U.S. Constitutions, only the legislature has the authority to establish such protections,” she stated. “That’s why the Senate and House are expected to intervene as amicus curiae either today or tomorrow.”
Rodríguez confirmed that all parties, including LUMA, were formally notified on Wednesday, activating a 30-day deadline for the company to respond. She also emphasized that the government is exploring additional legal strategies to ensure the case receives the attention it deserves.
“This is a matter of great public interest,” she said. “Consumers deserve a fair process and the ability to hold companies accountable for negligence related to the electric system.”
Rodríguez urged affected consumers to preserve all documentation, including receipts, bills and photographs of damages, especially if they have already filed a complaint. She noted that under Puerto Rico law, consumers have one year to file claims — but that period may have been paused due to the pending legal action.
“If this section is ultimately declared null and void, we want consumers to be in a position where their claims can be processed,” she said.
The lawsuit argues that the Energy Bureau effectively granted LUMA “a blank check” to operate with legal immunity, something only the legislature has the power to do. Before LUMA assumed control of the island’s electric grid in 2021, PREPA routinely processed consumer claims and did not enjoy such protections.
“This arrangement violates the separation of powers doctrine,” the complaint states. “No other U.S. jurisdiction grants broad immunity to private energy companies. This makes Puerto Rico’s situation with LUMA unprecedented.”
The announcement was made as part of the government’s “En Récord” public briefing series.
